Article V of the United States constitution can be amended through a proposition by the United States Congress or at a national convention requested by at least two-thirds of the legislatures of several states. Two-thirds of each house of congress must vote in favor of the amendment and a ratification done by either the legislatures of three-quarters of several states or by conventions of ratification in three-fourths of states. The current requirement is that thirty-eight states are a necessity to ratify an amendment. Alternatively, a state can propose an amendment at a convention called by two-thirds of the state legislature and later on three-quarters of the legislatures of the state ratifies the amendment (Vile 14-15). The founders of the constitution came up with the rules to be followed in amending the constitution. They acknowledged the fact that the future would bring some challenges and that an amendment procedure was necessary and that it should be able to withstand the test of time and different eras. The two-thirds legislature request rule and the three-fourths states ratification rule ensured that an amendment represented the interests of majority in the society. The rules were adopted to prevent abuse of the amendment mandate by a few individuals. The founders therefore set the …show more content…
These changes can be attained through actions taken by the president, political parties’ activities, key Supreme Court decisions, passage of basic legislation by Congress and also variation in societal customs (Grams 241). Some of the informal presidential amendments are military use under the power of the commander in chief and executive agreements between the president and a foreign heads of state. The Supreme Court also interprets and applies the constitution in the cases they deal with and most of these are unconstitutional (Grams
The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.
The First Amendments is a blessing that the United States is fortunate enough to have. First and foremost, First Amendment protects the right to freedom of religion and expression, without any government interference ("First Amendment" n.p.). The freedom of expression includes the right to free speech, press, assembly, and to petition the government for a redress of grievances ("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.). People are allowed to practice their own religions and do not have to conform to one religion, all because of the First Amendment. People's rights are protected with no government interference.
Article Five of the Constitution gave the procedure for amending the Constitution, that little did the founders know would be used almost immediately. In order for an amendment to be proposed either two-thirds of Congress must deem the amendment necessary or two-thirds of the state legislatures must call for a convention to propose an amendment. Once the amendment was proposed it would take three-fourths of the states to ratify the amendment. This article also ensured that no amendment could be passed that deprived a state of its equal vote in the senate. The interesting part of this Article is
It is important to understand the process of amending the Constitution in order to fully understand the level of difficulty of the procedure. One of the main reason that there are only a few amendments is due to Article V, where the framers made the formal amendment process (Sidlow, Henschen 45). There are two methods in proposing an amendment and two methods for ratifying an amendment. For proposing an
The ability of The Constitution to be amended is what still allows it to be relevant today. The updates that are made reflect the attitude of the nation. An example of this being the
The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times.
If an issue raises between states Articles states to use the system of negotiation. Now the federal court deals with state to state issues. With passing laws before the Constitution, the Articles wanted 9/13 to pass any law. After it states 50%+1 of both of the houses plus the president needs to sign it. Also in the Articles term limit for legislative office is no more than three out of every six years. In the constitution there isn’t a term limit. The Chair of legislature is the president according to the Articles but in the constitution, the speaker of the House of Representatives, Vice President of the Senate.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
| In Massachusetts Bay, men who owned property could go to a town meeting and vote.
To amend the constitution, various steps and procedures must be taken. When either Congress (which takes a two-thirds majority vote in both the Senate and the House of Representatives), or a constitutional convention (which takes two-thirds of the State legislatures) want to propose an amendment, they give it to the National Archives and Records Administration. The Congress proposes the amendment as a joint resolution to the National Archives and Records Administrations Office of the Federal Register for the publication process. The Office of the Federal Register adds legislative notes to the joint resolution and publishes it in slip law format. The Office of the Federal Register also puts together an information package for the States